 New
Anti-Terrorism Measure a Major Step Backwards for Nepal |
| December
2004 - PRESS Report |
Nepal
today faces an unparalleled human rights catastrophe. Although the country
has ratified many international conventions and their optional protocols,
it has failed miserably in holding even to the spirit of these instruments.
Instead, it is today competing for the record number of enforced disappearances
in modern Asian history. Disappearances are a daily event in Nepal. Its
National Human Rights Commission alone has recorded some 1400 cases, most
involving the military. Those disappeared seldom return: most are killed,
their bodies never returned to their relatives, who have no means to complain
or protest. They live in total uncertainty, waiting and clinging to the
last bit of hope for those who have disappeared. The few who do survive
find it hard to live a normal life after what they have experienced.
The
government of Nepal is in chaos. It is clearly unable to ensure the security
of its people. During 2004, the AHRC raised its voice on a number of occasions
when government security forces resorted to unnecessary violence as a means
of control. With government consent, these agencies have arbitrarily arrested,
tortured, extrajudicially killed and forcibly disappeared thousands upon
thousands of citizens: most have fallen victim to units under the Joint
Command of the Royal Nepal Army, and most are ordinary people innocent
of any crimes. The government also knows that the security forces have
targeted journalists and human rights defenders on the pretext of maintaining
law and order. Both the government security forces and militias blatantly
use force with the same degree of vigour and brutality, in total disregard
to all human rights principles and standards. The government, by remaining
mute in the face of these atrocities, has grossly violated its constitutional
and international responsibilities.
The
government has gone so far as to help the security forces to conceal grave
human rights violations, particularly disappearances. Even the highest
court of the country and the National Human Rights Commission have been
directed not to discuss violations committed by the military, thereby denying
any possibility of relief for the victims. And with the police and military
refusing to admit that large-scale disappearances are occurring, domestic
law-enforcement agencies, including the courts, are unable to do anything.
Local police often refuse to register complaints of disappearance, and
the Supreme Court is reluctant to intervene on grounds of lack of evidence
and authority. Cases filed before it are rejected summarily, causing those
who had once dared to lodge complaints to no longer bother. Civilians cannot
get access to military courts, and these are anyhow far below accepted
standards of impartiality. All government organs responsible for disappearances
enjoy absolute impunity. In short, there is zero rule of law in Nepal.
The result is overwhelming fear, helplessness and silence. The situation
in the Maoist-controlled regions is equally bad since virtually no civilian
law enforcement agencies are operative there at all.
With
the expiry of the Terrorist and Disruptive Activities (Punishment and Control)
Act - 2058 last October 12, the government of Nepal has introduced
a more severe version of the same law in its stead: the Terrorist and Disruptive
Activities (Control and Punishment) Ordinance - 2061. This legislation
clearly signals that the government has surrendered its authority to the
military, and given it a green light to continue with arbitrary detentions,
torture, disappearances, and extrajudicial and summary executions. One
of the reasons for this weak position is the question mark looming over
the constitutionality of the existing government itself after the democratically-elected
government was dismissed and a new one appointed according to the king's
fancy. This repressive legislation effectively rules out any possibility
for genuine dialogue to end the civil conflict in Nepal, and with it, any
chance that the disappearances, killings and torture will end soon. The
mistaken belief that unrestrained use of force will resolve the country's
political and security problems, prevalent at the highest levels of government,
is stimulating the ongoing systematic and widespread human rights violations
and crimes against humanity being committed by the security forces. The
government must instead adopt a realistic and sincere approach towards
a solution; otherwise, the blind, unnecessary and blatant violence coupled
with total impunity of state security officials will lead the country into
a disaster from which it will take decades to recover.
Local
groups and international agencies must also play a more thoughtful role
in negotiating a way through the conflict. At present, the absence of deliberate
and concerted international effort to bring about an end to the impasse
is resulting in great loss of life and immense suffering; far worse can
be expected if nothing is done soon. International agencies must also reconsider
how they engage in partnerships and make contributions at the local level
in Nepal. Despite the prevailing chaos, the country is a hive of non-governmental
organisations engaged in everything from natural disaster management to
forums for a democratic movement. However, aside some remarkable exceptions
most are just busy cashing-in on a worsening crisis, and the pursuit of
their own self-interest while the society as a whole stares into the abyss.
More thought-out approaches by international agencies may do something
to rectify this unfortunate state of affairs, and perhaps even help to
pull the country back from the brink.
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